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Part 1 PDF
When the creditor enters into an arrangement with Consequences of Breach of Contract in General
the principal debtor for not to sue him or to provide
extra time for payment of debt, the surety will be When one of the parties fails to perform its
discharged (section 135). contractual obligations, such party is in breach of
contract and the other party has a right to demand
The surety will be discharged when the creditor does
the fulfillment of the agreement and to demand
any act which is inconsistent with the rights of surety.
performance of those obligations with the help of the
authorities. However, it is not always possible or even
Voidable Contract viable from the point of view of the damaged party to
demand that the other party perform the original
These types of Contracts are defined in section 2(i) of contract. It may be better to demand other
the Act: “An agreement which is enforceable by law at consequences.
the option of one or more of the parties thereto, but not
at the option of the other or others, is a voidable The consequences of a breach of contract vary and are
contract.” This may seem difficult to wrap your head dependent on which party is in breach of its
around but consider the following example: obligations. Naturally, the seriousness of the breach
also affects the consequences. The common
consequence is reduction of the contract price, performance may be used as a remedy for breach of
remedy of the defect, compensation for damage and contract if the subject matter of the agreement is rare
interest for delay. It is only possible to rescind the or unique, and damages would not suffice to place the
contract when the breach is fundamental. non-breaching party in as good a position as they
would have been had the breach not occurred.
The parties may also agree on the consequences of the
breach of agreement when making a contract or Cancellation and Restitution
separately. It might be reasonable to agree on
liquidated damages for delay for example. See more A non-breaching party may cancel the contract and
about the liquidated damages in paragraph sue for restitution if the non-breaching party has
given a benefit to the breaching party. "Restitution"
Remedies for a Breach of Contract as a contract remedy means that the non-breaching
party is put back in the position it was in prior to the
When an individual or business breaches a contract, breach, while "cancellation" of the contract voids the
the other party to the agreement is entitled to relief contract and relieves all parties of any obligation
(or a "remedy") under the law. The main remedies under the agreement.
for a breach of contract are:
Acceptance
1. Damages,
2. Specific Performance, or The Contract Act 1872 defines acceptance in Section 2
3. Cancellation and Restitution (b) as “When the person to whom the proposal has been
made signifies his assent thereto, the offer is said to be
Damages accepted. Thus, the proposal when accepted becomes a
promise.”
The payment of damages -- payment in one form or
another -- is the most common remedy for a breach of
contract. There are many kinds of damages, including So as the definition states, when the offeree to whom
the following: the proposal is made, unconditionally accepts the offer
it will amount to acceptance. After such an offer is
1. Compensatory damages aim to put the non-breaching accepted the offer becomes a promise.Say for example
party in the position that they had been if the breach
had not occurred. A offers to buy B’s car for rupees two lacs and B
2. Punitive damages are payments that the breaching accepts such an offer. Now, this has become a
party must make, above and beyond the point that promise.When the proposal is accepted and it becomes
would fully compensate the non-breaching party. a proposal it also becomes irrevocable. An offer does
Punitive damages are meant to punish a wrongful not create any legal obligations, but after the offer is
party for particularly wrongful acts, and are rarely accepted it becomes a promise. And a promise is
awarded in the business contracts setting. irrevocable because it creates legal obligations between
3. Nominal damages are token damages awarded when a parties. An offer can be revoked before it is accepted.
breach occurred, but no actual money loss to the non- But once acceptance is communicated it cannot be
breaching party was proven. revoked or withdrawn.
4. Liquidated damages are specific damages that were
previously identified by the parties in the contract
itself, in the event that the contract is breached. Rules regarding Valid Acceptance
Liquidated damages should be a reasonable estimate
of actual damages that might result from a breach. 1] Acceptance can only be given to whom the offer was
made
Specific Performance
In the case of a specific proposal or offer, it can only be
If damages are inadequate as a legal remedy, the non- accepted by the person it was made to. No third person
breaching party may seek an alternative remedy without the knowledge of the offeree can accept the
called specific performance. Specific performance is offer.Let us take the example of the case study of
best described as the breaching party's court-ordered Boulton v. Jones. Boulton bought
performance of duty under the contract. Specific
Brocklehurst’s business but Brocklehurst did not manner after the offer has been accepted in another
inform all his creditors about the same. Jones, a manner, it will be presumed he has consented to such
creditor of Brocklehurst placed an order with him. acceptance. So, A offers to sell his farm to B for ten
Boulton accepted and supplied the goods. Jones refused lakhs. He asks B to communicate his answer via post.
to pay since he had debts to settle with Brocklehurst. It B e-mails A accepting his offer. Now A can ask B to
was held that since the offer was never made to Boulton, send the answer through the prescribed manner. But if
he cannot accept the offer and there is no contract. A fails to do so, it means he has accepted the acceptance
of B and a promise is made.
3) NEITHER PARTIES INTENDS TO PERFORM .3) THE PARTIES INTEND TO PERFORM THEIR
THE CONTRACT ITSELF RESPECTIVE OBLIGATIONS.
4) THESE CONTRACTS ARE VOID UNDER 4) THESE ARE GOOD UNLESS THEY ARE DECLARED BY
SECTION 30 OF THE INDIAN CONTRACT ACT. LAW TO BE BAD.
5) THE PARTIES HAVE NO OTHER INTERSET 5) THE PARTIES HAVE INTERST IN THE OCCURRENCE
IN THE OCCURRENCE OR NON-OCCURRENCE OR NON-OCCURRENCE.
OF THE EVENT.